Judges turn back law to regulate Internet decency; free speech case; ruling by panel moves the First Amendment into a new era

Article Abstract:

A panel of Federal judges in Philadelphia declared unanimously that the Communications Decency Act, part of the Telecommunications Act of 1996, is unconstitutional. The three judges, Stewart R. Dalzell, Dolores K. Sloviter and Ronald L. Buckwalter, agreed that the effort to regulate the information passed over the Internet violates First Amendment free speech guarantees. The judges stated that the Internet should receive at least as much First Amendment protection as printed matter. The Communications Decency Act sought to prohibit the transmission of indecent or 'patently offensive' material to minors. The Federal panel found this language too vague, but they did reaffirm that unprotected speech, which includes child pornography and obscenity, is banned on the Internet just as it is in other media. The judges issued a temporary restraining order preventing the Justice Department from enforcing the act or even investigating alleged violations.

---

Limiting a medium without boundaries; how do you let the good fish through the Net while blocking the bad?

Article Abstract:

The Internet's breadth makes it a difficult medium to control. Efforts are growing in the US and abroad to censor the material that specific groups of users may access, with an emphasis on prohibiting the distribution of pornography and other offensive content. Most experts agree that efforts to restrict access will be only partially successful. Some software programs allow users to prevent a specific computer from accessing certain sites, but the filtering software must be constantly updated to reflect the hundreds of Web sites added daily. Only a moderate amount of programming knowledge is required to circumvent the filtering programs. The Internet was designed to send information even if a nuclear war occurred, so it has backup mechanisms that allow it to route around failed computers. The numerous alternate routes required by this structure allow users to reach a restricted site using a different path.

Technology development

---

On freedom of speech for the virtual press

Article Abstract:

The telecommunications bill before Congress erodes the First Amendment rights of Internet users. The Congressional committee finalizing the bill classified the Internet as a broadcast medium, making it subject to more comprehensive regulation than if it had been deemed an electronic printing press. This classification leads to a situation in which words printed in a newspaper are protected by the First Amendment, but the same words are not so protected when travelling over a network. Once the electronically transmitted document is received and printed, it again enjoys the protection of the First Amendment. The telecommunications bill also contains a provision to outlaw 'indecent' material on the Internet. The definition of 'indecent' has yet to be clarified by a court, but the provision has already led on-line services to censor their content.

Telecommunications, Telephone Communication, Telecommunications services industry, Telecommunications industry, United States. Congress

Similar abstracts:

• Abstracts: Internet courtroom battle gets cyberspace preview; on-line panel to debate 1st Amendment. New editor is appointed for Delphi
• Abstracts: Agency suggests rule shift on telephone access charges. Rising phone bills are likely result of deregulation; lawmakers are angered free market rules mean end of subsidies that have let millions afford service
• Abstracts: Leasing as one means to avert obsolescence. Computers no longer are typecast in movies. Selecting a computer for the college trunk
• Abstracts: Toward safe and sane holiday computing. Are the bugs dead? How do you know?
• Abstracts: Cleric and followers convicted in U.N. bomb plot trial. World Trade Center bombing: suspect nabbed in Pakistan

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.